Ajith Alias Rishap v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2025
CORAM
THE HONOURABLE MR. JUSTICE K.RAJASEKAR Ajith @ Rishap ... Petitioner Vs.
The State represented by The Inspector of Police, Minjur Police Station, Thiruvallur District.
(Crime No.480 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.480 of 2025 on the file of the respondent police. For Petitioner :
Mr.D.Bennington For Respondent :
Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 22.07.2025, for the offence punishable under Section 310(4) of Indian Penal Code, in Crime No.480 of 2025, registered on the file of the respondent, seeks bail.
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2. The case of the prosecution is that the petitioner, along with other accused, made preparations to commit dacoity. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and has been in custody since 22.07.2025. Hence, he prays to grant bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed the grant of bail to the petitioner, on the ground that the petitioner has 14 previous cases against him. He further submitted that the deadly weapons were recovered from the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the nature of the allegations, the fact that the present case pertains only to the preparation for the commission of dacoity, 2/6
and taking into account the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions:
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Ponneri, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;
[b] the petitioner shall stay at Erode and report before the learned Judicial Magistrate No.I, Erode, daily at 10.30 a.m., apart from the hearing dates before the Trial Court concerned, until further orders.
[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;
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[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;
[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 17.10.2025 cda 4/6
Note :
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To 1.The Judicial Magistrate No.I, Ponneri.
2.The Judicial Magistrate No.I, Erode.
3.The Inspector of Police, Minjur Police Station, Thiruvallur District.
4.The Central Prison, Puzhal.
5.The Public Prosecutor, High Court of Madras.
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K.RAJASEKAR, J.
cda 17.10.2025 6/6